Application of the CDR provisions
56GF Application of the CDR provisions
The CDR provisions apply to a person if:
the person is a corporation; or
the person is not a corporation, but the person:
acts; or
omits to act;
in a way that affects, is capable of affecting or is taken with intent to affect the activities, functions, relationships or business of a corporation.
For the meaning of corporation, see subsection 4(1).
The CDR provisions also apply to:
a person (whether or not a corporation) acting or omitting to act in the course of, or in relation to, the carrying on of:
a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or
the business of banking, other than State banking (within the meaning of paragraph 51(xiii) of the Constitution) not extending beyond the limits of the State concerned; or
the business of insurance, other than State insurance (within the meaning of paragraph 51(xiv) of the Constitution) not extending beyond the limits of the State concerned; or
a person (whether or not a corporation):
making a supply or communication; or
conducting an activity or otherwise doing something;
using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or
a person (whether or not a corporation) acting or omitting to act in the course of, or in relation to:
trade or commerce between Australia and places outside Australia; or
trade or commerce among the States; or
trade or commerce within a Territory, between a State or Territory or between 2 Territories; or
an individual who is being, has been or is at risk of being subjected to interference, or attacks, of the kind described in paragraph 1 of Article 17 of the ICCPR; or
a person (whether or not a corporation) who is undertaking, has undertaken or could undertake interference, or attacks, of the kind described in paragraph 1 of Article 17 of the ICCPR.
Paragraphs (2)(d) and (e) give effect to Australia’s obligations under the ICCPR.
Section 6 (about the application of this Act to persons who are not corporations) does not apply in relation to the CDR provisions.
In this section:
ICCPR means the International Covenant on Civil and Political Rights, done at New York on 16 December 1966, as amended and in force for Australia from time to time.
The text of the International Covenant is set out in Australian Treaty Series 1980 No. 23 ([1980] ATS 23). In 2024, the text of a Covenant in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.